Research On The Legal Restrictions Of Anti-dilution Protection Of Well-known Trademark

With the rapid economic development of our country,the function of well-known trademark is more and more inclined to advertising function,which makes well-known trademark itself have huge independent commercial value and become a very valuable intangible property of enterprises.But more and more people begin to covet the value of well-known trademark itself,desalinate well-known trademark,reduce the significance of well-known trademark,so many countries have established the protection system of well-known trademark anti-dilution.The anti-dilution protection of well-known trademarks is the expansionary protection of well-known trademarks,that is,cross-class protection of well-known trademark rights,which expands the rights of well-known trademark owners,but the legislative purpose of intellectual property law emphasizes the balance between individual interests and public interests.Specifically,the legal restrictions on the anti-dilution protection of well-known trademarks are mainly based on three reasons:first,the trademark itself is a kind of logo,ordinary trademarks can not be prohibited from other people if they are not attached to the corresponding goods or services,but the anti-dilution protection of well-known trademarks breaks through this restriction,which is likely to limit the free competition of other enterprises and is not conducive to the orderly development of the market economy.Second,the traditional confusiontheory is mainly based on the consumer's position to protect well-known trademarks,that is,to prevent consumers from confusing the source of goods or services,while the desalination theory is mainly based on the position of well-known trademark owners to protect well-known trademarks,which may cause conflicts of interest between well-known trademark owners and consumers,thus harming the interests of consumers.Third,the Constitution of our country stipulates that ordinary citizens have the right to freedom of expression.The public may use well-known trademarks in their daily life beyond their original meaning,such as the use of well-known trademarks in other fields,such as literary criticism,news commentary and other fields,but these non-brand use behavior may indeed lead to adverse public association with the well-known trademark,thus causing desalination of well-known trademarks,so if such desalination behavior is prohibited,it may limit the freedom of public expression.The theory of well-known trademark protection is complicated,so if we want to restrict the protection of well-known trademark in law,we must clarify the connection and difference between the theory of well-known trademark desalination and the theory of confusion.The well-known trademark desalination theory is different from the traditional confusion theory,and its protection of well-known trademark does not presuppose the confusion of consumers and the competitive relationship between the first well-known trademarkand the later use of the trademark.The theory of well-known trademark desalination originated in Europe and the United States and has experienced more than 100 years of development in the West,so the legal restrictions on the protection of well-known trademarks in Europe and the United States are relatively mature,which is worthy of our study and reference.The expression of relevant legal provisions in China's Trademark Law and other laws and regulations is very similar to the legislative provisions of anti-dilution protection of well-known trademarks in western countries,and in cases involving infringement of well-known trademarks,judges often use desalination theory to reason in judgments.However,the concept of well-known trademark desalination is not clearly defined in the laws and regulations such as the Trademark Law of our country,and the unclear legislation may make the judge's discretion too large,thus over-protection of well-known trademark.Therefore,based on the legislative purpose of intellectual property law,it limits the protection of well-known trademarks against desalination in law,so that it can better maintain the balance of interests among the main bodies of various markets and promote the healthy development of socialist market economy.